Cases of recalling unsafe food in Vietnam

Cases of recalling unsafe food in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Cases of recalling unsafe food in Vietnam

According to Clause 1, Article 55 of the Law on Food Safety 2010, the following foods shall be recalled:

- Foods which are still marketed after their shelf life:

- Foods unconformable with relevant technical regulations;

- Foods being new technological products not yet been permitted for circulation;

- Foods which are degenerated during preservation, transportation or trading;

- Foods which contain substances banned from use or in which appear contaminants in excess of allowable limits;

- Imported foods which are notified by a competent authority of the exporting country or another country or an international organization to contain contaminants harmful to human health and life.

2. Methods of recall and disposal of unsafe food in Vietnam

Methods of recall and disposal of unsafe food according to Clauses 2 and 3, Article 55 of the Law on Food Safety 2010 are as follows:

* Recall of unsafe foods takes the following forms:

- Voluntary recall by food producers or traders themselves:

- Compulsory recall by food producers and traders at the request of competent state agencies.

* Unsafe foods shall be disposed of through:

- Correction of product flaws or labeling errors:

- Change of use purposes;

- Re-ex port:

- Destruction.

3. Responsibility when recalling unsafe food in Vietnam

According to Clauses 4 and 6, Article 55 of the Law on Food Safety 2010, the responsibility when recalling unsafe food is as follows:

Unsafe food producers and traders shall publish information on recalled products, recall and dispose of unsafe foods within the time limit decided by a competent state agency, and pay all recall and disposal expenses.

Past the prescribed time limit, food producers and traders that fail to recall foods shall be coerced to do so under law.

- Competent state agencies shall:

+ Based on the severity of violations of safety assurance conditions, decide on the recall and disposal of unsafe foods as well as the time limit for completing such recall and disposal;

+ Inspect the recall of unsafe foods:

+ Handle violations of the law on food safety according to their competence as defined by law:

+ For food products which are likely to seriously affect the community health or in other emergency cases, directly recall and dispose of them and request their producers and traders to pay recall and disposal expenses.

4. Tracing of the origin of unsafe foods in Vietnam

Article 54 of the Law on Food Safety 2010 stipulates tracing of the origin of unsafe foods as follows:

- Food producers and traders shall trace the origin of unsafe foods in the following cases:

+ At the request of competent state agencies;

+ When detecting that food products they produce or trade in are unsafe.

- Food producers and traders that trace the origin of unsafe foods shall:

+ Identify and notify lots of unsafe food products:

+ Request food trading agents to report on the quantity of products of unsafe food lots, actual quantities of products left in stock and being marketed:

+ Summarize, and report to competent state agencies on. recall plans and disposal measures.

- Competent state agencies shall inspect and supervise the tracing of the origin of unsafe foods.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE